By Kate McGovern Tornone, Editor When an employee needs a medical leave of absence, your first thought may be “FMLA.” But there’s more to the story: often, the Americans with Disabilities Act (ADA) is implicated right along with the Family and Medical Leave Act (FMLA). And employers need to know exactly what each law requires.
Tag: Kate McGovern Tornone
By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.
By Kate McGovern Tornone, Editor It’s an easy scenario to imagine: an employee goes out on leave and, when another employee takes on his work, she discovers performance deficiencies and maybe even misconduct. Is the employee’s job protected just because he is out on “job-protected” leave?
By Kate McGovern Tornone, Editor The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a Human Resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as she is not responsible for compliance with the law.
By Kate McGovern Tornone, Editor Beginning in March 2018, employers will have to include compensation information on their EEO-1 filings. While the report was previously used by the U.S. Equal Employment Opportunity Commission (EEOC) to look for various types of discrimination, it now also will be used to look for pay discrimination.
By Kate McGovern Tornone, Editor The Americans with Disabilities Act (ADA) permits an employer to require a firm expected return-to-work date when granting leave as an accommodation.
By Kate McGovern Tornone, Editor When an employee works overtime, an employer can’t ignore those hours. Even if an employee fails to report the hours, an employer may be liable for back pay and damages if it “should have known” the employee was working overtime, a recent case illustrates.
By Kate McGovern Tornone, Editor The U.S. House of Representatives passed a bill September 28 that would delay new Fair Labor Standards Act (FLSA) overtime regulations by 6 months; a similar bill was introduced in the Senate the same day. Experts, however, say employers shouldn’t expect a reprieve.
By Kate McGovern Tornone, Editor A group of small business owners has asked the U.S. Department of Labor (DOL) to delay the effective date of the new overtime regulations by 6 months.
By Kate McGovern Tornone, Editor Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) September 20, alleging that the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future and employers would be well-served to be in […]